The Tariff Classification of Silicon Metal (Used) and Silicon Metal (By-product) from China

N259623 January 2, 2015 CLA-2-38: OT:RR:NC:2:239 CATEGORY: Classification TARIFF NO.: 3824.90.9290 Monica De la Vega CMC Cometals 2050 Center Ave., Suite 250 Fort Lee, NJ 07024 RE: The Tariff Classification of Silicon Metal (Used) and Silicon Metal (By-product) from China Dear Ms. De la Vega: In your letter dated November 6, 2014, you provided additional information for a tariff classification ruling of Silicon Metal (Used) and Silicon Metal (By-product) from China. You state that the subject merchandise, both Silicon Metal (Used) and Silicon Metal (By-product), are by-products of Silicon wafer production that, upon importation into the U.S., will be briquetted to be used as a metallurgical additive in the foundry industry. Additionally, you state that the production process is “mostly the same” for both Silicon Metal (Used) and Silicon Metal (By-product) and the main difference is the Silicon content. Further, you state that this merchandise is likely classified in subheading 2804.69.5000, HTSUS, which provides for hydrogen, rare gases and other nonmetals: silicon: Other: Other. Chapter 28, Note 1(a), states: Except where the context otherwise requires, the headings of this chapter apply only to: Separate chemical elements and separate chemically defined compounds, whether or not containing impurities. The subject merchandise for both products is a mixture of chemical substances which precludes classification in Chapter 28. The applicable classification for both Silicon Metal (Used) and Silicon Metal (By-product) will be in subheading 3824.90.9200, HTSUS, which provides for Chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patrick Day at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division